Chapter 5

I got served the divorce papers on the following Tuesday. She sued for irreconcilable difference, and we counter sue for infidelity. She got pissed and withheld the kids from me. We ended up going to court so I could get visitation rights for the kids. The divorce didn't go the way Ivy had planned for it to go. I fought her on every turn. We finally ended up in court. We couldn't agree on anything. I had quit my job at Ford, and had financial documents that showed I am cash poor. I had paid my attorney had a huge retainer to handle all the work that I am throwing his way. We have been fighting over this divorce for the last six months.

In court she claimed that I had over five hundred thousand dollars, and wondered just what happened to the money. They were pissed that I had set up trust funds for the kid's education and well being. They tried to get the judge to dissolve both trust funds. The judge over ruled them. The trust funds were legal. The funds were for the kids only, and there is no way that I can get at those funds.

They turned their attention to getting twice as much child support as possible.

"Your Honor, may I address the bench?" I asked.

The judge nodded ok.

"Your honor I have reasonable doubt that David, and Linda are not my children," I said.

Ivy jumped up screaming, "You lying son of a bitch they are too your kids!"

The judge bangs his gavel a few times. "Counselor would you please keep your client under control, or I will have her removed from my courtroom," he said.

Ivy's attorney is busy trying to calm her down.

The judge turned his attention to me. "Now just what causes you to make that statement Mr. Smith," he said.

"Your Honor if I could play this recording on my cell phone, which might prove my statement?" I asked.

Ivy's attorney stood up, "Your Honor I object, we haven't heard this recording, and we have no way to determine if this recording is actual and factual," he stated.

"Objections noted, but I would like to hear this recording, and then I will rule if I should admit it as evidence," the Judge said.

He nodded to me to play the recording

I played the whole recording of her admitting to her numerous affairs, and saying that she didn't know if the kids were really mine or not. When the recording is finished, I turned it off and looked at the judge. He looked pissed.

The judge snapped, "Counselors please approach the bench."

There is a lot of whispering and arguing, finally both attorneys returned to their tables.

"I am adjourning this case for twenty days. I want both Mr. and Mrs. Smith and their children David and Linda tested for DNA results. I expect these results to be complete by the time we come back to court for this case," he stated.

Twenty days later we are in court. I am wearing my full dress uniform, with all my medals and ribbons. I wanted the judge to know that I am a highly decorated veteran. I knew that DNA test would show that the kids were mine. I just wanted to keep Ivy off guard and pissed.

In discovery I had to produce the last three years of tax returns. The returns showed that I made ninety-one thousand from Ford, and Ivy made thirty-one thousand two hundred from the bank. With my bonus figured into my weekly total, I would make $1750.00. After taxes I brought home around $1300.00. When the judge agreed with Ivy's on what my child support, spouse maintenance, house payment, taxes, and maintenance would be. He also added in the deductible on health insurance. I was left with $250 per week to live on.

"Your Honor, may I speak?" I asked.

He nodded at me.

"I am the victim here. I didn't ask her to cheat and become a slut. I never did anything wrong. I am a good provider. I loved her, and my children. She got the house she wanted, and all the toys to go with the house. She got the car she wanted. She got all the men she wanted. And I am the one who gets punished here. How is that fair? Where is the justice?" I said.

"Mr. Smith that is the way the law is set up. We are a law abiding society and must live with the laws as they are written," he responded to me.

"Your Honor this is supposed to be a fifty-fifty split state. I don't see a fifty-fifty split here," I said.

"With children involved the split becomes different," he replied.

"Your Honor I have no way to pay. I don't have a job and I don't have any type of income. The rest of my savings is tied up in the trust funds for my children. I have no way to make these types of payments," I said.

"Well Mr. Smith you will just have to get your old job back, or find a different job. As of right now those payments stand," he said.

"Your Honor, I was in the army for eight years, three tours between Iraq and Afghanistan. Over there the main law was to survive. You watched your buddy's back and he would watch yours. You took no chance, because one mistake and your life could end, or the life of your buddy. Do you know what is like to watch your one of your buddies gets their head blow apart, and their brains and blood are splattered all over you? Or to have a RPG hit your vehicle, and have pieces of shrapnel flying around the inside of the hummer slicing up your friends like Swiss cheese. There is honor there, not like the honor shown me by Ivy's actions," I stated.